Code of Student Community Standards Resolution and Appeal Procedure

Procedures:

All community members are welcome to meet with a representative of Residence Life (for Residence matters only) or the Office of Student Community Standards (OSCS) to confidentially learn more about the resolution options available, without having to file a complaint. Should the information discussed pose an imminent risk to self or others, Residence Life or OSCS may need to share the concern with the Department of Public Safety so that the risk can be assessed, and appropriate supports and interventions provided. The following steps outline the process used to bring about resolutions to complaints.

1. Initial Consultation

A complainant may consult with a Resolution Coordinator to discuss the nature of the incident(s), determine if it falls within the scope of the Code, and discuss a possible resolution pathway. Complaints may be filed by any community member alleging inappropriate behaviour by a student.

During the initial consultation, the resolution options will be explained, and the desired pathway of the complainant will be determined.

2. Resolution Options

To provide a holistic approach to conflict resolution, and to give agency to the parties involved, a number of restorative justice and conflict resolution options are available. Providing a spectrum of options allows the parties to choose the path forward that feels best for them and helps to resolve conflict in a meaningful way. It promotes inclusive decision making, active accountability, repairing harm, and rebuilding of community.

2.1 The following options require the engagement of the Complainant and may require participation by the Respondent:

• No Conflict Management – Complainant manages conflict independently and without direct involvement by a Resolution Coordinator. This may include choosing not to address the concern with the other party.
• Conflict Coaching – Complainant seeks guidance from the Resolution Coordinator to engage in conflict resolution more effectively and independently. This may include choosing not to address the concern with the other party.

2.2 The following options require the voluntary engagement of the complainant and respondent, and the respondent must take active accountability for their behaviour(s):

• Dialogue – Resolution Coordinator meets with Complainant and Respondent separately and encourages the two parties engage in conversation with one another to gain understanding and/or manage a conflict.
• Facilitated Dialogue – Resolution Coordinator facilitates a conversation between the Complainant and Respondent. Parties maintain ownership of decisions concerning the conversation and/or any resolution of the conflict.
• Mediation – Resolution Coordinator initially meets with Complainant and Respondent separately to gather information about the conflict. A structured session is coordinated with both parties that is aimed at resolving the conflict and/or constructing a plan for moving forward.
• Restorative Practices – Resolution Coordinator, or designate, provides space and facilitation services for students taking ownership for harmful behaviour and those parties affected by the behaviour to jointly construct an agreement to repair harm and restore community.
• Shuttle Diplomacy/Negotiation – Resolution Coordinator negotiates an agreement between two parties who do not wish to directly engage with one another.

2.3 The following options are available when the above criteria is not met (e.g., voluntary participation), parties fail to uphold the agreement(s) reached, or the Complainant or Respondent chooses:

• Adjudication (informal) – Resolution Coordinator conducts an exploration process; the Respondent takes accountability for their behaviour and agrees to complete assigned sanctions.
• Adjudication (formal) – Resolution Coordinator conducts an exploration process, reviews/analyzes credible evidence/information, and the outcome is determined based on the Balance of Probabilities. This may involve an external Resolution Coordinator and/or may require an Administrative Conference.

3. Exploration

All parties have a right to Procedural Fairness throughout the exploration process. This includes:

• Being made aware of allegations and given an opportunity to respond to, correct, or contradict any information available, in person/virtual meeting and/or in writing.
• The right to reasons; a rationale for any decisions made.
• The right to request an appeal based on the conditions explained in Section 5 of this Procedure.
• The right to have an advisor and/or support person of their choice attend meetings at any stage of the process, if desired.

3.1 For resolution options in section 2.1, the Resolution Coordinator, if asked, will provide guidance to the Complainant on strategies for managing a conflict. The Complainant will then manage the conflict independently and without the direct involvement of the Resolution Coordinator. In these cases, the identity of the Respondent may not be known to Residence Life or the Office of Student Community Standards and there will be no formal record of the incident(s) or resolution.

3.2 For resolution options in section 2.2, the Resolution Coordinator will conduct an information gathering/fact finding process. This may involve meeting with the Complainant, Respondent, witnesses, and/or reviewing other relevant information such as CCTV footage, screenshots, etc. In order to participate in a restorative justice process, the Respondent must take active accountability for what occurred and be willing to participate in the process.

Depending on the incident(s), and the needs of those involved, the restorative justice process will involve the Respondent, the Complainant, and may involve other parties impacted or affected by the incident. The process overall has three steps in which the Respondent will:

• Attend one or more meetings with the Resolution Coordinator who explains the restorative justice process, confirms the student is taking accountability for their actions, and schedules the required meetings.
• Participate in a restorative justice resolution where the Complainant and Respondent both share their stories, discusses harm and impact, and agree to a reparative agreement.
• Complete a reparative agreement that aims to repair harm, provide education, and address underlying needs.

The Resolution Coordinator will work with all parties involved to determine dates/times/locations of subsequent meetings, as needed, and will ensure adequate time and space for the resolution option selected. This information will be communicated to all parties via their official Humber/UofGH email address. Following the meeting(s) required for the selected resolution option, all parties will receive an email outlining the result of the meeting, any agreements made during the course of the meeting, and any next steps required. The finalized agreement between the parties will be binding with no option for review or appeal. An informal record of the incident(s) and resolution will be maintained by Residence Life or the Office of Student Community Standards in accordance with record retention noted below. The informal record will not appear on the student transcript or in any authorized background check required for employment (e.g., Police Services, Nursing, etc.)

In situations where an agreement with both parties cannot be reached, or where Respondents do not successfully complete the restorative justice process, the situation will be referred to the resolution processes available in section 2.3 as determined by the Resolution Coordinator.

3.3 For resolution options in section 2.3, Adjudication, the Resolution Coordinator will conduct an information gathering/fact finding process. This may involve meeting with the Complainant, Respondent, witnesses, and/or reviewing other relevant information such as CCTV footage, screenshots, etc. The Respondent will have the opportunity to respond to, correct, or contradict any information gathered, and also provide additional information relevant to the exploration. Should an individual refuse to provide a response, written and/or verbal, or participate in an exploration, the outcome(s) will be based on the available information. A formal record of the incident(s) and outcome(s) will be maintained by Residence Life or the Office of Student Community Standards in accordance with record retention noted below. The formal record will not appear on the student transcript but will be shared in any authorized background check required for employment (e.g., Police Services, Nursing, etc.)

Residence Life and/or the Office of Student Community Standards may forego or defer an exploration under the following circumstances: parties engage in resolution options listed in section 2.1; the complaint is better addressed through other policies/procedures; lack of clarity about the nature of the complaint; concern for the safety, well-being, employment or academic status of the parties involved; the existence of criminal or other legal proceedings.

4. Decision Making & Outcomes

4.1 For resolution options in sections 2.1 and 2.2, the Respondent has taken active accountability for their behaviour and the parties have reached an agreement about the outcome(s) associated with the behaviour. All parties acknowledge the agreement is binding and will abide by all terms and conditions including the completion of sanctions, as applicable. There will be no means of review/appeal for either party.

4.2 For resolution options in section 2.3, Adjudication, the Resolution Coordinator will review all credible evidence/information gathered during the exploration and will decide based on the Balance of Probabilities whether or not there has been a violation of the Code of Student Community Standards. This may include the Respondent taking accountability and agreeing that their behaviour was a violation of the Code. Should it be determined that a violation of the Code has occurred, the Resolution Coordinator will assign appropriate educational sanctions that take into account the input of the Complainant and Respondent, the impact of the behaviour on others and/or the community, and the educational needs of the Respondent to support different behaviour choices in the future. A written outcome will be provided to the Respondent and will include reasons for the decision, applicable sanctions, and appeal instructions. The Complainant will be provided with the outcome and information about the case that directly impacts them (e.g., sanctions such as a “no-contact directive”, etc.). Pending an appeal, see section 5, the case will be considered closed.

Sanctions may be applied retroactively if behaviour that contradicts community values, and occurred while the respondent was a student, is discovered subsequent to the completion of a course, the requirement to withdraw, or after graduation. Examples of sanctions may include a registration hold, trespass from property, etc.

4.3 Administrative Conference

In some circumstances, such as high impact/complex cases or for alleged behaviours that may require outcomes listed in Section 4.2 of the Code of Student Community Standards Policy, an Administrative Conference may be scheduled. The Resolution Coordinator will proceed as listed above in section 3.3 and will then compile an Exploration Report. This report will include a summary of the evidence/information gathered by the Resolution Coordinator including the account(s) shared by the Complainant, Respondent, and witnesses, as applicable. Witness statements that are collected as part of the exploration process are included in the report; witnesses do not participate in the Administrative Conference and are not identified by name in the report. Both the Complainant and Respondent will have an opportunity to review the report prior to the Administrative Conference and provide any corrections or additional information they may have. Additionally, the Respondent will be given the opportunity to ask questions of the Complainant via the Resolution Coordinator. Humber reserves the right to modify or exclude questions to mitigate impact on the other party. The final exploration report will take account of the Complainant’s responses. The finalized report, including all changes, will be made available for review no later than five (5) business days before the Administrative Conference.

At the Administrative Conference, the Resolution Coordinator will present the information contained in the exploration report. Following the presentation, the questions will be asked to the Resolution Coordinator about the exploration process, the information contained in the report, and the credibility of the evidence/information. The Respondent will then be provided the opportunity to share their account, respond to the allegations and information brought forward, ask questions of the Resolution Coordinator, and respond to questions.

Following the Administrative Conference, a decision based on the Balance of Probabilities will be made regarding whether or not there has been a violation of the Code of Student Community Standards. This may include the Respondent taking accountability and agreeing that their behaviour was a violation of the Code. Should it be determined that a violation of the Code has occurred, appropriate educational sanctions will be assigned that take into account the input of the Complainant and Respondent, the impact of the behaviour on others and/or the community, and the educational needs of the Respondent to support different behaviour choices in the future. A written outcome will be provided to the Respondent within ten (10) business days and will include reasons for the decision, applicable sanctions, and appeal instructions. The Complainant will be provided with the outcome and information about the case that directly impacts them (e.g., sanctions such as a “no-contact directive”, etc.). Pending an appeal, the Office of Student Community Standards will consider the case closed.

A Respondent may choose an Administrative Conference with an Administrator or with a three (3) member panel. If the Administrator option is selected, the Associate Vice-President (Learner & Career Success) and Dean of Students shall facilitate the Administrative Conference. If the panel option is selected, it will be comprised of the Associate Dean Student Wellness & Equitable Learning, who will act as Chair, and two staff/faculty members. The same process will occur in both circumstances and, in the case of a panel, the decision and outcome(s), if applicable, will be determined based on consensus of the members.

In the case of a University of Guelph-Humber student, the UofGH Department Head – Student Services, or designate, will serve as an additional Administrator and as one of the staff the panel.

A Respondent may waive the right to an Administrative Conference. This must be done in writing and at least five (5) business days before the date of the scheduled conference. Notice must be sent from the student’s official Humber/University of Guelph-Humber email account to OSCS@humber.ca, or a signed hard-copy delivered to the Office of Student Community Standards (North Campus – LRC Building, 2nd Floor, SWAC; Lakeshore Campus – WEL building, 2nd Floor, SWAC). In this case, the Administrator will review the exploration report and a decision based on the Balance of Probabilities will be made regarding whether or not there has been a violation of the Code of Student Community Standards. Should it be determined that a violation of the Code has occurred, appropriate educational sanctions will be assigned that take into account the input of the Complainant and Respondent, as listed in the report, the impact of the behaviour on others and/or the community, and the educational needs of the Respondent to support different behaviour choices in the future. A written outcome will be provided to the Respondent within ten (10) business days and will include reasons for the decision, applicable sanctions, and appeal instructions. The Complainant will be provided with the outcome and information about the case that directly impacts them (e.g., sanctions such as a “no-contact directive”, etc.). Pending an appeal, the Office of Student Community Standards will consider the case closed.

*Note: Choosing not to attend, or waiving the right to an Administrative Conference, is not in and of itself grounds for an appeal.

5. Requesting an Appeal

All Respondents have the right to request a review of a decision made by Humber. In the case of violations found in the Sexual Violence Policy, either party in a complaint process may request an appeal.

To request an appeal, a student must complete the Non-Academic Appeal Form, found online, within ten (10) business days of the date on the decision letter. At least one of the following conditions/grounds must be met for an appeal to proceed:

1. There is new information that is likely to change the outcome.
2. There is evidence of procedural error or bias in the process.
3. The sanction imposed is not consistent with the nature of the offense.

When requesting an appeal, a student must submit the following:

1. The conditions/grounds, from the list above, under which the appeal is being requested.
2. The information and documentation, if applicable, that supports the grounds for appealing.
3. The requested resolution.
4. The decision letter, along with any other supplementary documentation/information.
5. The names of the student’s advisor and/or support person, if applicable.

Requesting or receiving an appeal does not postpone the decision under review. Students are required to adhere to any requirements set out in the decision letter until they receive, in writing, that a decision has been modified or overturned. For example, if a student was issued a restriction that prevented them from attending the athletic facility, that restriction remains in place until they receive a written decision telling them otherwise. Where possible, the student may resume regular or modified participation in their academic pursuits, following consultation with Residence Life, the Office of Student Community Standards, and/or the Department of Public Safety.

If an appeal request filed by one party is granted, other parties to the case will be notified. They will also be invited to make a written submission for consideration in the review of the appeal.

5.1 For decisions of a Resolution Coordinator:

An Administrator will be assigned to review the appeal request and determine, based on the grounds above, if the request for an appeal is accepted. The decision will be communicated in writing, including reasons, to the appeal petitioner within five (5) business days of receipt of the written appeal request. If an appeal is granted, the Administrator will conduct a review of the appeal submission, case file, and information/evidence submitted within ten (10) business days and either overturn, amend, or uphold the original decision of the Resolution Coordinator. The decision of the Administrator is final, and the student will have exhausted all available means of review at Humber.

Note: The Administrator will hold a more senior position at Humber than the Resolution Coordinator (e.g., if the Resolution Coordinator is an Advisor, the Manager will review the appeal).

5.2 For decisions of an Administrative Conference:

The Humber Registrar, or designate, will determine if the request for an appeal is accepted and confirm the decision in writing within five (5) business days after receipt of the written appeal request. Appeals will be granted if, in the opinion of the Registrar or designate, the request meets at least one of the above criteria, and if on the balance of probabilities there is sufficient reason to question the initial decision.

If an appeal request is granted, a hearing will be convened within ten (10) business days of the decision to grant the appeal. The appeal petitioner and all other parties involved will be informed in writing that an appeal has been granted. Notice will include the date, time, and location of the appeal hearing, along with the names of the appeal panel members and the appeal submission provided by the petitioner.

All witnesses must be identified to the Chair of the Code Appeals Committee at least five (5) days in advance of the appeal hearing, and both the Appeal Petitioner and Administrator(s) must be notified of the participation of any witnesses in advance of the hearing. The Appeal Petitioner and/or Administrator are responsible to ensure the availability of witnesses for the scheduled date, time, and location of the appeal hearing.

A minimum of five (5) business days prior to the appeal hearing, a written response by the Administrator indicating the rationale for the original decision and a list of witnesses, if applicable, will be submitted to the Chair of the Code Appeals Committee and provided to the Appeal Petitioner.

The decision to deny an appeal request is final and the student will have exhausted all available means of review at Humber.

6. The Administrative Conference Appeal Process

The process outlined below applies to appeals of the decision made by an Administrator(s) following an Administrative Conference or review of the Exploration Report (if the Respondent waived their right to an Administrative Conference). The Associate Vice-President Learner & Career Success and Dean of Students will represent the Administrator(s) throughout the appeal process. These appeals are conducted under the jurisdiction of the Code Appeals Committee, a trained group of Humber community members appointed by the Vice-President, Students and Institutional Planning and the Associate Vice-President, Enrollment Management and Registrar.

6.1 Composition of Committee & Appeal Panel

A group of trained community members will serve on the Code Appeals Committee. To hear an appeal, a three-member panel will be convened with representation from each of the following groups:

1. Deans, Program Chair (UofGH), or designates of Faculties/Programs, one of whom will serve as Chair of the panel.
2. Staff or faculty members.
3. Students representing or identified by the students’ union, IGNITE.

For appeals of incidences of sexual violence, the Code Appeals Committee will not include students due to the sensitive nature of the appeal.

No appeal panel member will be a member of the Faculty/Program where the Appeal Petitioner is enrolled. In the case of a Guelph-Humber student, the membership of the appeal panel will consist of, at minimum, two members of the Guelph-Humber community as identified by the Vice Provost.

A committee member who has a conflict of interest, including perception of bias or a pre-existing bias, is expected to remove themselves from the panel and will be replaced by a different member of the committee (e.g., has had a previous interaction with the student, etc.). The Appeal Petitioner may also declare a conflict of interest with a panel member by informing the Chair of the Code Appeals Committee, providing reasons and requesting a new member.

6.2 The Appeal Hearing; Instructional Information

Those permitted at the appeal hearing are:

1. The Appeal Petitioner
2. An Advisor or support person if chosen by the Appeal Petitioner
3. Witnesses of the Appeal Petitioner and Administrator(s)
4. Members of the appeal panel
5. Any other person deemed to be appropriate as per the Chair of the Code Appeals Committee (notice of additional attendees will be provided to the Appeal Petitioner ahead of the hearing)

The appeal petitioner bears the onus of proof, and a decision will be rendered based on a balance of probabilities. The appeal petitioner is entitled to procedural fairness that contains the following components:

1. The appeal petitioner must know the allegations against them, including the information that led to the initial decision.
2. The appeal petitioner must be given an opportunity to correct or contradict any information or assertions made in support of the initial decision.
3. The panel must make its decision based on the information presented, without bias.

Witnesses asked to appear by either the Appeal Petitioner or Administrator will be called into the hearing individually, asked to present their information, answer questions by the other party, and answer questions by the Appeal Panel. They will then be dismissed by the Chair of the panel. Witnesses may be asked to return to answer any further questions of the panel.

In the case of an appeal hearing for a decision made under the Sexual Violence Policy, where the Appeal Petitioner is the Complainant from the initial case, the Petitioner is entitled to procedural fairness that contains the following components:

1. The appeal petitioner must know the information that led to the initial decision.
2. The appeal petitioner must be given an opportunity to correct or contradict any information or assertions made in support of the initial decision, including information provided by the Respondent at the Administrative Conference.
3. The panel must make its decision based on the information presented, without bias.

6.3 Steps of the Appeal Hearing

1. The Appeal Petitioner will present their case and call any witnesses that they have identified. Witnesses may be asked questions by the other party or the Appeal Panel.
2. Associate Vice-President Learner & Career Success and Dean of Students (AVP) will then present the information used to make the original decision, and call any witnesses that they have identified. Witnesses may be asked questions by the other party or the Appeal Panel.
3. Once the formal presentations are complete, the Appeal Petitioner may direct questions to the AVP through the Chair, and the AVP may direct questions to the Appeal Petitioner through the Chair.
4. The appeal panel may ask questions of all parties and witnesses and may require the production of additional written or documentary information.
5. The Chair may give directions throughout the appeal hearing for the purpose of maintaining order, including asking anyone in attendance to leave the hearing if any behaviour is deemed to impede the process. Information presented at the hearing must relate to or bear directly upon the outcome. Any procedural issue that arises in the course of a hearing will be addressed by the Chair and their decision is final with respect to any such procedural issues.
6. The appeal panel shall deliberate in private and shall reach a decision by majority vote. The panel may grant any remedy it sees fit, including upholding the decision and outcome, imposing a lesser outcome, or granting the resolution requested by the student. No monetary awards can be issued by the appeal panel.

The written decision, including reasons, shall be sent to the Appeal Petitioner and the Administrator(s) within ten (10) business days of the date of the appeal hearing. The other party to the initial complaint will be provided with a summary of the outcome and information about the appeal that directly impacts them (e.g., sanctions such as a “no-contact directive”, etc.).

The decision of the Appeal Panel is final, and there will be no further means of review at Humber.

7. Timelines

All parties involved in Resolution and Appeal Procedures are encouraged to participate in a timely manner. Timelines set out in this Procedure may be extended by:

1. Mutual consent of all parties involved;
2. A request by one party due to extenuating circumstances; or
3. By the Humber official who is the primary decision maker if circumstances arise that are outside of their control.

Extensions will only be granted in circumstances where the request was made in good faith and does not significantly prejudice either party (i.e., remains procedurally fair to all parties). Failing to meet prescribed timelines may be considered in determining an appropriate outcome(s).

8. Accommodations

Students may request accommodation in regard to an exploration process, an Administrative Conference, or Appeal Hearing as outlined within the Code by contacting the Resolution Coordinator assigned to the case. Accommodations will be provided in accordance with the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act (AODA).

9. Record Keeping

All information and record keeping pertaining to a complaint under the Code of Student Community Standards will be kept in accordance with the Freedom of Information and Protection of Privacy Act (Ontario) (“FIPPA”).

A record of the case files and final decisions, including appeals, made under the Code will remain in the Office of Student Community Standards, separate from a student’s academic file, for a period of up to three (3) years with the exception of records of resolution outcomes listed in Section 4.2 of the Policy document. The file of a student who has been permanently separated from the institution (i.e., expelled), shall be retained indefinitely.

All files are deemed confidential and are subject to the Freedom of Information and Protection of Privacy Act (“FIPPA”). Disclosure of case file information will be managed through the Legal, Risk, and Privacy Office at Humber, with the following exceptions:

1. The disclosure of information to a Complainant or Respondent prior to the Administrative Conference process.
2. A clearance check accompanied by a signed consent form for the purpose of granting acceptance for student leadership involvement/employment opportunities, or professional/registered industry selection processes.

Whereby a Respondent has an employment relationship with the institution, the appropriate Human Resources Business Partner may be notified of an exploration and the subsequent outcome.

10. Recording

Should a request be made, and all parties agree, an Administrative Conference or an appeal hearing may be recorded when requested/required as an accommodation. Upon written request, a Respondent may review the audio recording and make appropriate arrangements for it to be transcribed on Humber property. Arrangements for a transcriber and all associated costs involved in the transcription will be the responsibility of the requesting individual.

11. Reporting

Humber’s Office of Student Community Standards shall report annually on the number of documented cases, including the categories of behaviours contradicting community values, the resolution options selected by students, the range of outcomes agreed to or assigned, rates/instances of repeated behaviour after sanctions have been assigned or a restorative process has been completed, the number of appeals, and the outcome of such appeals. The report will contain no identifying personal information. Portions of the report will be made publicly available.

12. Review Process

The Code of Student Community Standards and associated Resolution and Appeal Procedure will be reviewed every five (5) years, or as requested by the Associate Vice-President, Learner & Career Success and Dean of Students. An editorial review will be conducted annually.

Interpretations, comments and specific suggestions for amendments or additions to the code may be referred to Humber’s Office of Student Community Standards (OSCS@humber.ca).